Legal Question in Criminal Law in California
I have an out of state warrant from San Diego, CA for drug possession from 2004. I was arrested and charged, and then got bailed out with a bail bondsman, and then left state and never went to court. I currently live in Texas. They can't extradite me for the warrant, and so it's been basically unresolved for years. I want to know since i live out of state and it's been so long ago if there's any way I could contact the D.A. or someone and work out a deal, preferably without having to go to california and do prison time. Thanks for your help.
2 Answers from Attorneys
If it is a felony warrant, you must appear personally in court to deal with this, with or without an attorney. You mention fear of prison time, so I suspect felony charges are what we are talking about.
If this is a misdemeanor warrant, then you could hire an attorney to appear here for you, to work out a deal as you suggest.
You would not have to return to CA unless the deal involved any jail time.
If this was misdemeanor 'simple possession' charges, there would not likely have been any jail time imposed originally.
No, you would not be able to even talk to a prosecutor, they would merely refer you over to the court. Negotiations with the prosecutors office are generally only possible once there is a case pending, that is, once you turn yourself in by appearing in court with or without counsel.
The passage of time, and your flight to avoid prosecution, does not help to improve the 'deal' you would like. Your attorney will have to be good at negotiating with prosecutors in this case. It will certainly help if he can show you 'turned around' your life and now are an upstanding law-abiding citizen that wants to make right this situation.
Separately from court problems, since your bail bondsman didn't catch you, your debt to him for the bond is probably now extinguished by the statute of limitations,. You shouldn't have any legal problem from him.
BTW, who told you CA couldn't extradite you from Texas, and why? CA may choose not to on misdemeanor warrants for financial reasons, and even on some felonies, but they CAN extradite on any warrant if they want.
I neglected to offer you my services. If serious about hiring counsel to work this issue for you, contact me at 7149607584. My practice includes San Diego area.